ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 643
(Senator Minard, original sponsor)
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[Passed March 9, 2007;
in effect ninety days from passage.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-2-3a; and to
amend and reenact §33-2-7 and §33-2-19 of said code, all
relating to investigations of violations of insurance laws;
clarifying that the Insurance Commissioner may investigate
noncriminal violations; authorizing use of Class A
registration plates; clarifying that immunity granted in
certain cases applies to criminal prosecutions only; and
clarifying the authority and duties of the Insurance
Commissioner with regard to information obtained during
investigations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §33-2-3a; and that §33-2-7 and §33-2-19 of said code be amended and reenacted, all to read
as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-3a. Administrative investigations.
(a) In addition to the authority granted to the fraud unit
created in article forty-one of this chapter and to the workers'
compensation fraud and abuse unit previously transferred to the
commissioner pursuant to section one-b, article one, chapter
twenty-three of this code, the commissioner has the authority to
conduct investigations whenever he or she has cause to believe that
a violation of any provision of this chapter or of chapter
twenty-three of this code has been or is being committed.
(b) Employees designated by the commissioner are permitted to
operate vehicles owned or leased by the state displaying Class A
registration plates when engaged in carrying out the investigative
duties assigned to the commissioner by this chapter.
§33-2-7. Immunity of witness.
If any person shall ask to be excused from attending and
testifying or from producing any books, papers, records,
correspondence or other documents at any hearing conducted pursuant
to this chapter or chapter twenty-three of this code or in any
cause or proceeding instituted by the commissioner pursuant to this
chapter or chapter twenty-three of this code on the ground that the
testimony or evidence required of him may tend to incriminate him
or subject him to a criminal penalty and shall notwithstanding be directed by the commissioner to give such testimony or produce such
evidence, he must nonetheless comply with such direction, but he
shall not thereafter be prosecuted or subjected to any criminal
penalty for or on account of any matter or thing concerning which
he may testify or produce evidence, pursuant thereto, and no
testimony so given or evidence produced shall be received against
him upon any criminal action, investigation or proceeding:
Provided, That no such individual so testifying shall be exempt
from prosecution or punishment for any perjury or false swearing,
committed by him while so testifying and the testimony or evidence
so given or produced is admissible against him upon any criminal
action, investigation or proceeding concerning such perjury or
false swearing, nor is he exempt from the refusal, revocation or
suspension of any license, permission or authority conferred, or to
be conferred, pursuant to this chapter. Any such individual may
execute, acknowledge and file in the office of the commissioner a
statement expressly waiving such immunity or privilege in respect
to any transaction, matter or thing specified in such statement and
thereupon the testimony of such person or such evidence in relation
to such transaction, matter or thing may be received or produced
before any judge or justice, court, tribunal, grand jury or
otherwise, and if so received or produced such individual is not
entitled to any immunity or privilege on account of any testimony
he may so give or evidence so produced.
§33-2-19. Confidentiality of information.
(a) Documents, materials or other information in the
possession or control of the commissioner that are obtained in an
investigation of any suspected violation of any provision of this
chapter or chapter twenty-three of this code are confidential by
law and privileged, are not subject to the provisions of chapter
twenty-nine-b of this code and are not open to public inspection.
The commissioner may use the documents, materials or other
information in the furtherance of any regulatory or legal action
brought as a part of the commissioner's official duties. The
commissioner may use the documents, materials or other information
if they are required for evidence in criminal proceedings or for
other action by the state or federal government and in such context
may be discoverable only as ordered by a court of competent
jurisdiction exercising its discretion.
(b) Neither the commissioner nor any person who receives
documents, materials or other information while acting under the
authority of the commissioner may be permitted or required to
testify in any private civil action concerning any confidential
documents, materials or information subject to subsection (a) of
this section except as ordered by a court of competent
jurisdiction.
(c) In order to assist in the performance of the
commissioner's duties, the commissioner may:
(1) Share documents, materials, communications or information,
including otherwise confidential and privileged documents,
materials or information, with other state, federal and international regulatory agencies, with the National Association of
Insurance Commissioners and its affiliates and subsidiaries, and
with regulatory and law-enforcement officials of other foreign or
domestic jurisdictions:
Provided, That the recipient agrees to
maintain the confidentiality and privileged status of the document,
material, communication or other information;
(2) Receive documents, materials, communications or
information, including otherwise confidential and privileged
documents, materials or information, from the National Association
of Insurance Commissioners and its affiliates and subsidiaries and
from regulatory and law-enforcement officials of other foreign or
domestic jurisdictions and shall maintain as confidential or
privileged any document, material or information received with
notice or the understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the
document, material or information; and
(3) Enter into agreements governing sharing and use of
information consistent with this subsection.
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